Personal Injury Law
Personal Injury Law Questions? Ask Personal Injury Lawyers.
Thank you for contacting Just Answer. I look forward to assisting you. If you started this question in "chat" mode I may have switched you to "question and answer." I sometimes have technical problems getting "chat" to work for me, plus it's hard to read and write in that mode.
While we write back and forth, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Sometimes I'm unable to read your entire question until AFTER I write back to you.
Although it's usually five minutes, sometimes there can be a delay of an hour or more in between my answers because I may be researching the answer to your question, helping other customers, or taking a break. If we are writing late at night, I may have to go to sleep and resume helping you the following morning.
I need the following information before I can answer your question:
Thank you for being a repeat Just Answer (or Eanswer) customer. Can you please give me some details about what happened to your daughter? (Or should I read through your previous questions to JA?)
I'll look forward to hearing from you,
Jane Doe Deer
Yes, you not only have a case for personal injury for your daughter's injuries, but you likely have a claim under the Uniform Commercial Code (UCC) for damages.
The UCC is a part of the law that few attorneys are familiar with. It's something they study for the bar and never deal with again. I haven't personally looked at it in years, but years and years ago I had a case involving a cat breeder, and that was covered.
Since this matter involves two states, I wouldn't suggest Small Claims Court - plus, you wouldn't get very much that way.
I suggest that you find a personal injury attorney in a large office (more resources), and an office that can handle UCC (or at least look into that for you).
In Virginia, you can find such attorneys through here: http://www.vtla.com/VA/
Or, in NC, you can find attorneys here: http://www.ncaj.com/
There is an additional option, but it would probably just cover the cost of the horse, nothing more. That's to file a consumer protection complaint in Virginia. http://www.oag.state.va.us/CONSUMER/index.html And/or file with the federal agency, which is fcc.org, if memory serves.
If it were me, I'd first looking into hiring an attorney in this particular instance. I just wanted to let you know all your options.
I wish your daughter a speedy recovery.
I'm going to take a break for about an hour, and will check back then for further questions, if any.
I think that if you "shop around" you'll be able to find an attorney who will take this on contingency (commission) for somewhere between 25% and 40%. You'll have to pay costs, however, such as the filing fee for court, the cost of a medical expert, etc.
All states and the feds have uniform commercial codes as part of their state and federal laws. They cover much of commerce. For example, anything related to writing checks would be covered. (By the way, if you wrote a check, try to stop it, even this late in the game).
Yes, sue both. You can do that with just one lawsuit. You'd name both of them as defendants. You may also want to include a couple of "Jane Doe" and "John Doe" defendants, in case you later learn that other people were involved in the deception.
Later, if you learn that one of the defendants wasn't really at fault, you can agree with that D to dismiss him or her from the lawsuit.
Again, you don't necessarily have to sue. Suing should be a last resort.
I'm not "telling" you to to anything, just letting you know what all your options are.
I don't know what "BHW" is.
You can have as many defendants as are possibly at fault. You can also make claims for both the injury and rescission of the purchase of the horse in one lawsuit.
I do suggest that you talk with an attorney in person before deciding in what direction to go.
If you file a consumer protection complaint it will alert others. You can name several defendants in a complaint, too.
BHW is Barrel Horse World is a website that people can sell their horses on. Can I file a consumer protection report along with a law suit? Or is it one or the other? I have talked to a lawyer in Texas. He told me to get a lawyer in North Carolina or Virginia. I was asking you questions to have a better insite to the laws of these states. I don't know which state to get the lawyer in. The agent I bought the horse from lives in N.C. but the deceptive owner lives in Virginia. Does it matter which state I choose the lawyer from? I read some on the UCC and I thank you for this information.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).